South Africa’s section 2(2) protects against statelessness for
children born to Malawian nationals in South Africa in the following
instances by LHR's understanding:
Legal Guidance:
1.1 Any person born in South Africa to two Malawian parents who
are citizens by descent does not automatically acquire Malawian
citizenship as of right and therefore qualifies for South African
citizenship under section 2(2).
1.2 Any person in South Africa born to a Malawian citizen by
descent, and whose other parent cannot pass their nationality to
the child (due to nationality law, or death, absence or unwillingness
of parent to acknowledge paternity/maternity) is also stateless and
qualifies for South African citizenship under section 2(2).
2.1 Any person born in South Africa to Malawian citizens by birth,
who does not comply with section 7 by age 22, qualifies for South
African citizenship under section 2(2) on the grounds that he does
not have the right to citizenship or nationality in another country.
2.2 Any person born in South Africa to one Malawian citizen by
birth, and whose other parent cannot pass their nationality to the
child (due to nationality law, or death, absence or unwillingness of
parent to acknowledge paternity/maternity) qualifies for South
African citizenship under section 2(2) on the grounds that he does
not have the right to citizenship or nationality in another country.
3.1 Any person, born in South Africa to a Malawian who is not of
the African race, and whose other parent cannot pass their
nationality to the child (due to nationality law, or death, absence or
unwillingness of parent to acknowledge paternity/maternity) does
not qualify for Malawian citizenship at birth. Therefore, such person
qualifies for South African citizenship under section 2(2) on the
grounds that he does not have the right to citizenship or nationality
in another country.
Finding a solution for clients: immigration status and citizenship
Malawi). Thus, persons who are citizens by descent (born outside
Malawi) cannot pass their Malawian citizenship to their children
born abroad. They may, under section 17, apply for ‘registration of
minor children’ but this is a discretionary procedure that is only
available under the law if the child is ‘ordinarily resident’ in Malawi.
It should be noted that Zambia has a similar temporal
requirement for children born abroad to citizens to confirm their
citizenship or lose it by age 22.
Mozambique
In the early 1900s in South Africa, many Mozambicans came to
work on the mines. Later, Mozambique had a long-standing civil
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
91
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